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Search Results
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THE ASSESSMENT OF THE FINANTIAL CONSUMER’S SOLVENCY AS A MANIFESTATION OF CONSUMPTION SAFETY AND ITS IMPACT ON THE CIVIL LIABILITY OF THE BREACH LENDER
This paper analyzes and reflects on the civil liability of the lender in case of breach of the duties circumscribed to the solvency assessment of article 17 N of the Consumer Rights Protection Act. To this end, the paper studies the nature of the duties established in the norm in its connection with consumer safety duty, and from there, determines the civil liability regime applicable to the case of non-compliance and the scope that this presents in some elements of the respective civil liability.
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Nulity of abuse clauses in reservations, promises of sale and purchase signed by consumers of homes marketed in green
This work analyzes the sentence handed down in Sernac against Socovesa S.A., and another (2020) that pronounces on a claim derived for the defense of the collective interest of consumers by virtue of the special procedure established in article 53 of Title IV of the LPDC. The action is based on the different abusive clauses that the defendants maintain in the adhesion contracts that they usually enter into with consumers during the process of buying a house using the so-called green modality; These are the reserve for the home purchase operation, the contract of the promise of sale and the contract of sale with a mutual mortgage. The study focuses specifically on the claims related to the declaration of nullity of certain clauses that were rejected in the judgment of the first instance that was confirmed by the Court of Appeals of Santiago. Consequently, it reflects on the nature of reservations as an adhesion contract, on the interpretation of article 138 bis of the LGUC in the light of consumer rights and also, on the object of the clauses of accordance.
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Some reflections about unfair terms between business. A german model synthesis
No comparative purposes and as an essay, this paper presents a brief analysis of the German law on the control of unfair terms in contracts between business. In addition, it exposes the extensive interpretation of protection to small businessmen by the German courts and concludes explaining the criticism to this same trend and stating the reform proposals in this regard.
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The right of refund in the extrajudicial phase within the framework of the legal guarantee
This article analyzes how the right of reimbursement operates in the extrajudicial phase, in the case of non-conformity of the goods in the consumer sales. Through an endemic study carried out by an interview-questionnaire in some stores in Santiago, the reluctance to grant it to the requirement of this right by the buyer is verified, making other mechanisms prevail instead more convenient for the seller.
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THE COMMITTED INTEREST IN THE DECLARATION OF ABUSIVE TERMS AS JUSTIFICATION OF THE ACTION FOR THE GENERAL INTEREST
This article will demonstrate that SERNAC can bring an action for the general interest against abusive clauses. The basis is the interest involved in the declaration of abusiveness. The effect of the action is an infringement conviction, the nullity of the stipulation, and the cessation of the supplier’s conduct.
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APPLICABILITY OF THE CHILEAN CONSUMER RIGHTS LAW TO THE INFLUENCER’S PUBLICITY
This document presents a critical appraisal regarding the application of the Chilean Consumer’s Rights protection Law (No. 19.496) to the so-called “opinion leaders” commonly known as influencers. To that end, the consumer relationship is described in its purest form, constructed between the supplier and the consumer, where the first one provides goods or services to the second, with the peculiarity that, in the object of the analysis, the consumer got seduced or -better yet- influenced by the actions of the “opinion leaders”. The author proceed to examine specific consumer rights applicable to this topic, such as the right to be free to choose (article 3° letter a); the right to a truthful and timely information (article 3° letter b]) and the ones related to prevent a correct false advertising (article 28). Subsequently, supported by the review of national and international legislation, authors and case studies, the document continues to configure specific obligations for the suppliers and influencers to comply according to the standards of their professions and its duties as the stronger part of the consumer relation that allows to assign civil or infractional responsibility, as appropriate. Finally, the document concludes exploring the actions prescribed by the law for nonobservance or non-compliance with said analyzed obligations.